Is it possible for a husband to initiate divorce proceedings while his wife’s maintenance case under Section 125 of the CrPC is still ongoing?

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Law Forum › Category: Divorce › Is it possible for a husband to initiate divorce proceedings while his wife’s maintenance case under Section 125 of the CrPC is still ongoing?
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Apni Law Staff asked 9 months ago

Is it possible for a husband to initiate divorce proceedings while his wife’s maintenance case under Section 125 of the CrPC is still ongoing?

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Best Answer

Apni Law Staff answered 9 months ago

Yes, a husband can initiate divorce proceedings even while his wife’s maintenance case under Section 125 of the CrPC is pending. These are separate legal processes, and one does not necessarily depend on the other. However, the outcome of one case may influence the other.

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Is a maintenance case under Section 125 of the CrPC decided solely on the complainant’s sworn affidavit, or is additional evidence required in Indian courts?

My brother got married in January 2012 and the marriage was annulled in January 2013. A final settlement of Rs. 7 lakhs was reached in August 2013, and no further claims were made. Now, we’ve received a court summons for maintenance. Should we be worried? Can they still file a case after the settlement? And how is the maintenance amount calculated?

My second marriage certificate shows a date of 22nd September 2010, but I divorced my first wife on 11th November 2010. My second wife and I started living together on the 22nd of September, but we actually got married five months later. She wanted the marriage certificate to reflect the day we started living together, but I didn’t think about the divorce date. Neither of our previous marital statuses are mentioned on the certificate. Is this legal in India?

My husband earns ₹35,000 per month and pays ₹5,000 towards a loan. We have a four-month-old baby and I’m unable to work right now as I’m a postgraduate. We’re living in a rented house. Could you please tell me how much maintenance I can expect from him?

Can my wife claim a share in my father’s property if I want a divorce and she doesn’t?

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Previous Article A woman has been living with a man for 20 years, but they aren’t legally married. She was previously in a relationship that ended in a court-ordered separation, but there was no formal divorce. She received maintenance from her former partner. Now, she’s seeking rights over the house and its rent from the man she’s been living with. This man was also previously married and separated from his wife without a divorce. What are the legal implications if she tries to use the police to pressure him?
Next Article My father passed away 33 years ago, leaving behind a house he built himself. My sisters and I are Hindu daughters, and we’ve been unable to claim our share of the house. Can we file for partition now, in 2016? Is there a time limit for filing this kind of case? What if my brother has made major changes to the house while living there? I need advice urgently.

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